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NEWS
Dungarvan Observer | Friday, 25 March, 2016
Local men convicted under Wildlife Act THREE individuals from Dungarvan were convicted last week on a variety of charges under the Wildlife Acts, in relation to the illegal hunting of Birds of Prey (Peregrine Falcons and Sparrowhawks), at Cappagh Quarry, Keereen Quarry and Carroll’s Cross Quarry on several dates in March and April, 2014; while another individual was prosecuted in relation to the illegal possession of wild birds. Each of the men were handed varying fines for the offences. The significant case, brought by staff of National Parks and Wildlife Service (NPWS) was heard at a special sitting of Dungarvan District Court on 15th February, 2016, and was concluded at last week’s sitting of Dungarvan District Court. Kevin Crotty, with an address at 16 Lismore Avenue, Dungarvan, was convicted of up to ten charges under the Wildlife Acts, which included using a vehicle as an aid to offending under the Wildlife Act. Stephen O’Brien, with an address at 58 Congress Villas, Dungarvan, was convicted of up to 20 charges under the Wildlife Act, which included hunting protected birds of prey and using a live decoy on five different dates, and use of a vehicle as an aid to offending under the Wildlife Act. John Crotty, 23 Congress Villas, Dungarvan, was convicted of four offences under the Wildlife Act, including hunting protected birds of prey on a single date. Christopher O’Brien, 70 Congress Villas, Dungarvan, was convicted 16 charges in relation to the illegal possession of live perching birds at his home, and a charge of obstruction of an authorised person. Solicitor Paddy Gordon defended the men and challenged the case brought against them. Evidence was given by Conservation Rangers with the National Parks and Wildlife Service, Brian Duffy, and Cyril Sage and local birdwatcher enthusiast, Declan Clarke, that they have carried out surveillance on various dates in March and April, 2014, at Cappagh Quarry, Keereen Quarry and Carroll’s Cross Quarry. A van registered to Kevin Crotty was observed at the locations on various dates by the rangers. They outlined that in some instances poison had
been placed on live pigeons which were then tied to stones or stakes at the top of cliffs to lure in wild predatory birds. They also outlined that during their surveillance they witnessed three of the accused men (Stephen O’Brien, John Crotty and Kevin Crotty) at various times in the quarries near the bait. In some instances, the rangers found a dead sparrowhawk and a dead peregrine falcon, which were sent to a laboratory in Cork for testing, and it was confirmed they died from ingesting a poisonous substance. Some of the dead pigeon bait was also submitted for testing and was confirmed to have a poisonous substance smeared on its back. State prosecutor, Frank W. Hutchinson asked the motivation of killing birds of prey. Mr. Duffy said the accused men before the court are involved in the local Pigeon Racing Club and sometimes, racing pigeons are preyed upon by peregrine falcons. Mr. Hutchinson outlined the definition of ‘hunt’ to the court, and said it included terms such as stalk, pursue, flush, capture, attract, follow, lie-in-wait, trap, etc. Kevin Crotty, giving evidence, said he was Chairman of Dungarvan Premier Pigeon Club, said he would go to various locations just off the N25 (the Pike, Lemybrien, Carroll’s Cross) to release racing pigeons. He denied baiting any pigeons and said he was near the locations in question to let off pigeons for racing. John Crotty acknowledged he was near Carroll’s Cross at one point “to look at horses”, as he wanted to get a small pony for his daughter from a man known as Jim (Bim) Connors. Mr. Hutchinson put it to him that it was 23rd March when he was near Carroll’s Cross Quarry, which the accused did not deny. He said he went to the location near Carroll’s Cross Quarry to look at Mr. Connors’ horses, but couldn’t find the field in which they were grazing. Mr. Connors, giving evidence, confirmed he has ponies in a field near Carrolls Cross and had described via phone to John Crotty where the land was located. He said the location of the horses was two fields
away from the quarry at Carroll’s Cross. In relation to Stephen O’Brien, when questioned about being near Keereen Quarry with another party (now deceased) on 26th March, 2014, Stephen O’Brien, giving evidence said his father has a field near the quarry where he keeps teasing ponies. “I would be out and in there the whole time,” he said. The accused said he does “a bit of dealing” with a Jim (Bim) Connors. “If he got anything new (horses) I’d go down for a look,” said O’Brien. Mr. Gordon put it to his client that one of the Conservation Rangers observed him and another party near a pigeon bait and checking it. “A few goats drew my attention,” O’Brien replied. “I kept a few goats in my time.” He denied anything to do with any poison bait. O’Brien admitted he did see pigeons tied up on two occasions. He said the other party had come with him “for the spin to kill an hour” had went over to look at the tethered pigeons, because he was interested in racing pigeons. O’Brien said he had reason to be at Cappagh Quarry, because he is involved with building work. He again denied he had anything to do with setting any bait using live pigeons. O’Brien said he has a relative living near Keereen Quarry and he would be “out there most evenings a good bit” to collect teaser ponies for mares. O’Brien also admitted he had an interested in racing pigeons and said he has being racing for the last six years, with success. Mr. Hutchinson said it was “misfortunate that the days you were at the quarry, there happened to be tethered birds” and Conservation Rangers keeping the place under surveillance. O’Brien replied: “I had a reason to be out there”. Mr. Gordon said his client, Stephen O’Brien, was regularly in the vicinity of the quarries at Keereen and Carroll’s Cross because he was involved with horses. Mr. Gordon also argued that Kevin Crotty used his van to release pigeons. “My client is frequently up and down near Carroll’s Cross, Lemybrien, and other locations,” said Mr. Gordon.
“The times you sighted my client’s van, he was involved in releasing pigeons, assisted by other members of the Pigeon Club.” Mr. Duffy replied that he saw no pigeons being released on the dates in question. Mr. Gordon argued that the chain of evidence was broken in relation to the assertion by Mr. Duffy that he found material he believed to be poisonous, as there was no certifiable evidence produced in court. Mr. Hutchinson accepted that the substance described as poisonous, was not proven to be a toxin of a poisonous nature, and the prosecution has not seen that charge through to conclusion. Mr. Duffy gave evidence that he went to 70 Congress Villas, Dungarvan, on 16th April, 2014, with several other NPWS officers and Gardaí to search the home of Christopher O’Brien. Mr. Duffy said the accused approached them shouting, and became more enraged when he saw the search warrant. He said the accused was in possession of a blackthorn stick and had raised it in the air in a threatening manner. The accused had to be removed from the scene by Gardaí. Mr. Duffy said the officers found a stuffed Peregrine Falcon in a glass case, which the accused later claimed he purchased at the Smithfield Market in Dublin several years previously. In the backyard, the officers found a shed full of wild birds such as protected wild finches, and other species of perching birds. Mr. Gordon said his client Christopher O’Brien accepts he has a case to answer in relation to the 16 charges of the illegal possession of a number of wild birds - he said similar 16 charges against the man’s son, Peter O’Brien of the same address, should be dismissed, as the father admitted possession of the wild birds. Mr. Hutchinson counterargued that more than one person can be in possession, as possession is not exclusive. Christopher O’Brien admitted possession of the wild birds and said his son, Peter, only helped to feed and water the birds on days when he was not at home. Giving evidence, Peter
O’Brien said he had no connection with the wild birds in the shed, and only fed and watered them when his father had to attend hospital appointments. Mr. Gordon said his client, Christopher O’Brien, accepts he had possession of all the birds. Mr. Gordon said there was evidence of John Crotty and Stephen O’Brien in the vicinity of tethered birds, but there was no evidence of them hunting birds, or laying bait, using a decoy, etc. “It is not an offence to come upon a tethered bird and look at it or inspect a device,” said Mr. Gordon. He said his clients were entitled to challenge the case and the charges brought against them. Mr. Gordon said there was not enough evidence to sustain a case against his clients in relation to hunting wild birds lay bait, use device, etc., and suggested the charges levelled against his clients had an element of ‘cut and paste’ about them. Judge Finn did not invite a response from the prosecution, finding the men guilty of the charges. Judge Finn queried if the prosecution accepted the evidence of Christopher O’Brien, that he conceded possession of the wild birds, rather than his son, Peter O’Brien. Mr. Hutchinson said the prosecution had to maintain the charges against Peter O’Brien, saying the test of ownership was in relation to him tending to the birds when his father was attending appointments at hospital from time to time. However, Judge Finn said the court accepts the concession made by Christopher O’Brien that he possessed the birds and not his son, and so dismissed the charges against Peter O’Brien. In relation to the obstruction charge against Christopher O’Brien, Judge Finn convicted him of that offence. Christopher O’Brien sought the return of the stuffed peregrine falcon, but Mr. Hutchinson asked the court to maintain forfeiture of the item as a deterrent to killing falcons and trade in them. It was pointed out that possession of such falcons is prohibited under the Wildlife Act. Mr. Gordon countered that possession of a stuffed falcon is permissable if there is a certificate from
the Wildlife authorities. Mr. Gordon said his client, Christopher O’Brien is an elderly man in his 70s with no previous convictions. Judge Finn handed down a €700 fine on one of the charges and marked the other 15 charges, along with the obstruction charge, as proven and taken into consideration. In relation to Kevin Crotty, Judge Finn convicted him, noting the evidence from the Rangers identifying the accused on several dates, and his van being utilised for events at the locations. Mr. Gordon said Crotty is married, unemployed, with three children, and no previous convictions. On two charges, relating to aiding and abetting under the Wildlife Act, and the use of a vehicle as an aid to offending, Judge Finn handed down fines of €600 each and directed the remaining counts against Crotty be marked as proven and taken into consideration. Judge Finn pointed out that he has the power to disqualify the accused from driving if a vehicle is used to aid criminal activity. There was no disqualification imposed. In relation to John Crotty, Mr. Gordon said his client is single and unemployed. For one count under the Wildlife Act, Judge Finn handed down a €700 fine and directed the other three
counts be marked as proven and taken into consideration. Judge Finn said he found the evidence offered to the court, particulary from Stephen O’Brien as “wholly and completely dishonest”. “He is glib of tongue and has no compunction about offering a tissue of lies, claiming this and that about his presence and his dealing with horses at the locations,” said Judge Finn. “The court cannot accept his evidence. He convicted himself with his own tongue!” Mr. Gordon said Stephen O’Brien is married with two children, and is a selfemployed blocklayer, with no previous convictions. In relation to charges dated 3rd March, 26th March, 28th March, 31st March, and 10th April, 2014, Judge Finn imposed fines of €1,500 on each of those dates, allowing O’Brien six months to pay. Other counts under the Wildlife Act against O’Brien were marked as proven and taken into consideration. “I gave good consideration to disqualifying this accused on the basis his vehicle was used. In the circumstances, I see he is self-employed and has a family, so I will not order a disqualification, but it was a close one!” Judge Finn said. Recognisance was fixed in the event of an appeal of the Judge’s decision.
NPWS says persecution of birds of prey a ‘significant problem’ in County Waterford THE National Parks and Wildlife Service said the persecution of birds of prey has been a significant problem across County Waterford for some years. In a statement, the NPWS said Peregrine Falcons have been particularly targeted leading to a situation where breeding success of the species has been substantially reduced in the county. This persecution takes many forms including shooting and poisoning. The NPWS believes
that bird of prey persecution remains a significant problem in Waterford County and would greatly appreciate information from farmers and members of the public. People are encouraged to make reports, in confidence and preferably as the activity has been ongoing, to 01 888 3242 or to nature.conservation@ahg.gov.ie. In the event of NPWS staff not being available, please note that An Garda Síochána can also enforce the Wildlife Acts.